There are many questions a person might have when considering a malpractice lawsuit after injury or medical negligence. Filing a lawsuit against a doctor or suing a hospital for medical negligence is complicated, and time-sensitive. Pile legal proceedings on top of sickness or injury can be incredibly overwhelming. It is important to find out how you can receive legal help from a qualified attorney to represent your case and provide you with the compensation you deserve.
We have outlined some of the first steps you should take after you have experienced medical malpractice or negligence.
1. Check the statute of limitations in your state
In Arizona, most medical malpractice cases must be submitted within two years of the incident or within two years of the discovery of negligence or medical error. The statute of limitations refers to a deadline indicated by the state serving as a deadline to file a lawsuit. In Arizona, the statute of limitations for medical malpractice cases is two years after the listed incident (Ariz. Rev. Stat. § 12-542(1) (2022).
This means your case is highly sensitive to time, and a qualified lawyer will help you expedite the details of your case to make sure your claim falls within the correct window of time. If too much time has passed from the symptomatic onset or from the point of the injury your case may be dismissed.
2. Collect a preliminary expert opinion affidavit
A certificate of merit requires a medical expert’s opinion proving your malpractice case details. This expert will review your medical records and produce their expert opinion regarding your injury or case and make any necessary claims as to how it fell below the standard quality of care.
An attorney will file a preliminary expert opinion affidavit to produce evidence stating:
- The medical expert’s qualifications as they apply to your case
- His or her expert opinion on quality or standard of care regarding the defendant’s claimed liability
- Factual details centered around the initial injury, medical care performed for the injury, and applicable after-care information
- An expert’s notice of error for the staff, provider, doctor, or surgeon
- Expert opinion on what could have been done differently in their specialization area
- Expert opinion regarding negligent care implications of the injury
3. Seek help from an expert attorney
Finding high-quality representation may be the difference between having your case thrown out and receiving compensation for your injuries, pain, and suffering. A team of experienced attorneys will advocate for your rights while collecting and organizing information to present defending you in court when necessary.
Our team of malpractice attorneys will be able to go over your case strengths and weaknesses and handle your case with professionalism and industry expertise. You do not have to suffer silently! If you or a loved one has fallen victim to medical malpractice, contact us today to evaluate your case and receive the compensation you deserve.